[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 2-27-1990 as Ord. No. 1990-3. Amendments noted where applicable.]
As to legislation adopted by the Board of Health, consult Part III of this Code.
It has been determined that the presence of large numbers of migratory waterfowl on and around ponds and lakes in the Borough of Stanhope creates a public health nuisance due to the accumulation of droppings in and around said lakes and ponds, including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of these provisions is to prevent such conduct that may attract such waterfowl to properties in the borough.
As used in this chapter, the following terms shall have the meanings indicated:
- MIGRATORY WATERFOWL
- Includes those nondomesticated species of birds commonly known as "swans," "geese," "brant," "river and sea ducks" and any other waterfowl that generally follow a seasonal migration pattern.
No person or persons shall feed, cause to be fed or provide food for migratory waterfowl in the Borough of Stanhope, on lands either publicly or privately owned.
This chapter shall not be construed to prohibit humane acts toward migratory waterfowl in individual cases, such as the temporary nurturing of a wounded bird on one's own premises.
No person or persons shall create or foster any condition or allow any condition to exist or continue which results in a congregation or congestion of migratory waterfowl or in an accumulation of waterfowl feces or droppings or in damage to flora, fauna or private or public property or in a public health nuisance or in a threat to the health, safety and welfare of the public or the waterfowl.
The Police Department, Code Enforcement Officer and the Board of Health are hereby authorized and directed to enforce the provisions of this chapter.
[Amended 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.